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The arbitration must commence within forty-five days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty days of the conclusion of the arbitration and within six months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. Repeat Infringer Policy In accordance with the DMCA and other applicable law, Chatous has adopted a policy of terminating, in appropriate circumstances and at Chatous's sole discretion, users who are deemed to be repeat infringers. Chatous may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. - Chatous and you acknowledge that this Terms of Service are concluded between Chatous and you only, and not with Apple, and that as between Chatous and Apple, Chatous, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. Your Registration Obligations and Age Requirement You may be required to register with Chatous in order to access and use certain features of the Service.
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